Attributes and Functions of Statutory Concept at Devising Theoretical Model for Business Protection through Criminal Law

Abstract

In this article the author explores the general theoretical and specialized content features of statutory concept as a meta-category of legal science. Based on the use of integrative methodology, the author identifies the attributes of the statutory concept as a universal legal category. These attributes are - the multiplicity of the structure of statutory concept, conformity, typicality, theoretical validity and applicability, formal recording. The highlighted features, according to the author of the study, relate to all statutory concepts, regardless of the scope of their application in theory or rule-making practice. The paper also summarizes and analyzes the main provisions of academic thought on the problem of defining the concept of a legal model and legal modeling as a process of devising a model and method of legal science, defines the signs of a legal model as a dual phenomenon in relation to a legal structure. The theoretical model of criminal law protection as a primary element has a statutory concept. On the other hand, the theoretical model itself is a statutory concept implemented in the draft normative act. Based on the system analysis of the features of the legal model and the statutory concept, the functions of the latter are defined. The following functions of the statutory concept as a primary element and a general model are highlighted: constitutive, descriptive, interpretative, cognitive and evaluative. The selection of the indicated features is determined by the purpose of forming either a theoretical or applied model. Such attributes are not the same for different types and categories of legal models. The results of the research can serve as theoretical base for the formulation of criminal law in the process of rulemaking as well as methodological base for research.